H.B. No. 0149

Volunteer health care professionals certification.

 

Sponsored By:                              Representative(s) Law, Jorgensen, McMurtrey, Meuli and Tipton and Senator(s) Barrasso, Larson and Mockler

 

AN ACT relating to volunteer health care professionals; providing a volunteer license for retired dentists and dental hygienists, nurses, pharmacists, physicians, osteopaths and physician assistants as specified; and providing for an effective date.

 

1/16/2003         Bill Number Assigned

1/17/2003         H Received for Introduction

1/20/2003         H Introduced and Referred to H07

2/4/2003          H07 Recommended Amend and Do Pass

 

ROLL CALL

Ayes:  Representative(s) Illoway, Jansen, Johnson, L., Latta, Martin, McOmie, Petersen, Prosser and Ross

Ayes 9    Nays 0    Excused 0    Absent 0    Conflicts 0

 

2/4/2003          H Placed on General File

 

2/6/2003          H Amendments Considered

HB0149HS001/A     ADOPTED

That Substitute No. 1 for HB0149 DO Pass.  ROSS, CHAIRMAN

 

HB0149HW001/A     ADOPTED

[TO SUBSTITUTE BILL No. 1]

Page 1-line 4                                          After ";" insert "conforming provisions;".

Page 21-line 17                                      Delete "and" insert ",".

Page 21-line 18                                      Before "are" insert ", 33-23-101(e), 35-1-401(a)(x) and 35-17-106(a)(i) through (iii)".

Page 22-after line 10                             Insert:

"33-23-101.  Definitions and exceptions.

(e)  Nothing in W.S. 33-23-101 through 33-23-116 33-23-117 shall prevent an optometrist from using assistants in his practice under his direct personal supervision in the office in which the optometrist practices his profession.

35-1-401.  Definitions.

(a)  As used in this act:

(x)  "Physician" means a person authorized or licensed to practice medicine as provided in W.S. 33-26-101 through 33-26-511 33-26-601;

35-17-106.  Election to be covered by federal immunity.

(a)  The state of Wyoming elects to be immediately covered by the immunity granted by the Health Care Quality Improvement Act of 1986, P.L. 99-660, Title IV adopted by Congress in 1986, to the extent authorized, as of the effective date of this section for all health care professional review bodies as defined in the act and for:

(i)  The board of dental examiners, W.S. 33-15-101 through 33-15-128 33-15-131;

(ii)  The state board of nursing, W.S. 33-21-120 through 33-21-156 33-23-157;

(iii)  The state board of examiners in optometry, W.S. 33-23-101 through 33-23-115 33-23-117;".  ROSS

 

HB0149HW002/A     ADOPTED

[TO SUBSTITUTE BILL No. 1]

Page 1-line 3                                          Delete "nurses,".

Page 1-line 9                                          Delete "33-21-157,".

Page 8-lines 7 through 22                   Delete entirely.

Page 9-lines 1 through 24                   Delete entirely.

Page 10-lines 1 through 24                 Delete entirely.

Page 11-lines 2 through 24                 Delete entirely.

Page 12-lines 2 through 9                   Delete entirely.

Page 21-line 17                                      In the Ross committee of the whole amendment (HB0149HW001/A) to this line, delete ",".

Page 21-line 18                                      Delete "33-21-120(a)(xii)".

Page 22-lines 5 through 10                 Delete.

Page 22-after line 10                                             In the Ross committee of the whole amendment (HB0149HW001/A) to this line, in W.S. 35-17-106, delete "(ii)  The state board of nursing, W.S. 33-21-120 through 33-21-156 33-23-157;".  ROSS

 

2/6/2003          H Passed CoW

2/7/2003          H Passed 2nd Reading

2/10/2003         H Passed 3rd Reading

 

ROLL CALL

Ayes:  Representative(s) Alden, Anderson, R., Bagby, Baker, Berger, Boswell, Brechtel, Buchanan, Bucholz, Childers, Cohee, Cooper, Diercks, Edwards, Esquibel, Gentile, Gilmore, Hageman, Harshman, Harvey, Hinckley, Illoway, Jansen, Johnson, L., Johnson, W., Jones, Jorgensen, Landon, Latta, Law, Lockhart, Luthi, Martin, McMurtrey, McOmie, Meuli, Meyer, Miller, D., Morgan, Nicholas, Olsen, Osborn, Parady, Petersen, Philp, Powers, Prosser, Reese, Robinson, Ross, Semlek, Simpson, Slater, Thompson, Tipton, Walsh, Warren, Wasserburger and Wostenberg.

Excused:  Representative(s) Iekel

Ayes 59    Nays 0    Excused 1    Absent 0    Conflicts 0

 

2/11/2003         S Received for Introduction

2/12/2003         S Introduced and Referred to S10

2/24/2003         S10 Recommended Amend and Do Pass

 

ROLL CALL

Ayes:  Senator(s) Barrasso, Boggs, Case, Massie and Scott

Ayes 5    Nays 0    Excused 0    Absent 0    Conflicts 0

 

2/24/2003         S Placed on General File

 

2/25/2003         S Amendments Considered

HB0149SS001/AE    (TO ENGROSSED COPY)     ADOPTED

Page 1-line 3                                          Before "and" insert ", nurses".

Page 1-line 9                                          After "35-15-131," insert "33-21-157,".

Page 3-line 20                                        Before "without" insert "with or".

Page 8-after line 5                                                 Insert and renumber:

"33‑21‑157.  Nurses volunteer license.

(a)  As used in this section, "low income uninsured person" and "nonprofit health care facility" have the same meanings as in W.S. 33‑15‑131(a).

(b)  For purposes of this section, a person shall be considered retired from practice if the person's license or certificate has expired.

(c)  The state board of nursing may issue, with or without examination, a volunteer's certificate to a person who is retired from practice so that the person may provide nursing services to low income uninsured persons at nonprofit health care facilities. The board shall deny issuance of a volunteer's certificate to a person who is not qualified under this section to hold a volunteer's certificate.

(d)  An application for a volunteer's certificate shall include all of the following:

(i)  A copy of the applicant's nursing degree;

(ii)  One (1) of the following, as applicable:

(A)  A copy of the applicant's most recent license or certificate authorizing the practice of nursing issued by a jurisdiction in the United States that licenses persons to practice nursing; or

(B)  A copy of the applicant's most recent license equivalent to a license to practice nursing in one (1) or more branches of the United States armed services that the United States government issued.

(iii)  Evidence of one (1) of the following, as applicable:

(A)  That the applicant has maintained for at least ten (10) years immediately prior to retirement full licensure in good standing in any jurisdiction in the United States that licenses persons to practice nursing; or

(B)  That the applicant has practiced for at least ten (10) years immediately prior to retirement in good standing as a nurse in one (1) or more of the branches of the United States armed services; and

(iv)  A notarized statement from the applicant, on a form prescribed by the board, that the applicant:

(A)  Will not accept any form of remuneration for any nursing services rendered while in possession of a volunteer's certificate;

(B)  Will devote his practice exclusively and totally to providing medical services to low income uninsured persons at a nonprofit health care facility in this state; and

(C)  Will provide any other documentation that the board reasonably may require.

(e)  The holder of a volunteer's certificate may provide nursing services only on the premises of a nonprofit health care facility in this state and only to low income uninsured persons. The holder shall not accept any form of remuneration for providing nursing services while in possession of the certificate. The board may revoke a volunteer's certificate on receiving proof satisfactory to the board that the holder has engaged in practice in this state outside the scope of the certificate.

(f)  A volunteer's certificate shall be valid for a period of one (1) year, unless earlier revoked under subsection (e) of this section or pursuant to title 33, chapter 21 of the Wyoming statutes. A volunteer's certificate may be renewed upon the application of the holder. The board shall maintain a register of all persons who hold volunteer's certificates. The board shall not charge a fee for issuing or renewing a certificate pursuant to this section.

(g)  To be eligible for renewal of a volunteer's certificate, the holder of the certificate shall certify to the board completion of any continuing education required under this act as if the holder of the certificate were in active practice. The board shall not renew a certificate if the holder has not complied with the continuing education requirements. The nonprofit health care facility in which the holder provides nursing services may pay for or reimburse the holder for any costs incurred in obtaining the required continuing education.

(h)  The board shall issue to each person who qualifies under this section a volunteer's certificate that states the certificate holder is authorized to provide nursing services pursuant to the laws of this state.

(j)  Except as provided in this section, any person holding a volunteer's certificate issued by the board under this section shall be subject to the requirements of this act and the jurisdiction of the board as if he were licensed to practice nursing under this act.

      (k)  The board shall adopt rules to administer and enforce this section.".

Page 8-line 17                        Before "without" insert "with or".

Page 13-line 13                                      Before "without" insert "with or".

Page 17-line 14                                      After "33-15-128(a)(xvii)," insert "33-21-120(a)(xii),".

Page 17-after line 24   Insert and renumber:

      "33‑21‑120.  Definitions.

(a)  As used in this act:

(xii)  "This act" means W.S. 33‑21‑119 through 33‑21‑156 33‑21‑157.".  SCOTT, CHAIRMAN

 

2/25/2003         S Passed CoW

2/26/2003         S Passed 2nd Reading

2/27/2003         S Passed 3rd Reading

 

ROLL CALL

Ayes:  Senator(s) Anderson, J., Barrasso, Barton, Boggs, Burns, Caller, Case, Cathcart, Coe, Decaria, Devin, Erb, Geis, Goodenough, Hanes, Hawks, Hines, Job, Kunz, Larson, Massie, Meier, Mockler, Northrup, Peck, Roberts, Schiffer, Scott, Sessions and Vasey.

Ayes 30    Nays 0    Excused 0    Absent 0    Conflicts 0

 

2/28/2003         H Did Concur

 

ROLL CALL

Ayes:  Representative(s) Alden, Anderson, R., Bagby, Baker, Berger, Boswell, Brechtel, Buchanan, Bucholz, Childers, Cohee, Cooper, Diercks, Edwards, Esquibel, Gentile, Gilmore, Hageman, Harshman, Harvey, Hinckley, Iekel, Illoway, Jansen, Johnson, L., Johnson, W., Jones, Jorgensen, Landon, Latta, Law, Lockhart, Luthi, Martin, McMurtrey, McOmie, Meuli, Meyer, Miller, D., Morgan, Nicholas, Olsen, Osborn, Parady, Petersen, Philp, Powers, Prosser, Reese, Robinson, Ross, Semlek, Simpson, Slater, Thompson, Tipton, Walsh, Warren, Wasserburger and Wostenberg.

Ayes 60    Nays 0    Excused 0    Absent 0    Conflicts 0

 

2/28/2003         Assigned Number HEA 0076

3/1/2003          H Speaker Signed HEA No. 0076

3/1/2003          S President Signed HEA No. 0076

3/4/2003          Governor Signed HEA No. 0076

 

Chapter No. 0116  Session Laws of Wyoming 2003.